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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SUNDARAN – Appellant
Versus
THE SUB INSPECTOR OF POLICE – Respondent
| Table of Content |
|---|
| 1. writ seeks quashing seizure and vehicle release. (Para 1 , 2) |
| 2. petitioner's arguments; no confiscation; third-party ownership. (Para 3 , 4 , 5) |
| 3. section 20 discretion; strict liability for third parties. (Para 6) |
| 4. vehicles released on bond, subject to proceedings. (Para 7) |
JUDGMENT
This writ petition is filed with following prayers:
"i. to issue a writ of certiorari or any other appropriate writ order or direction quashing Ext.P5 mahazar and P6 report after calling for the report relating the same .
ii. to issue a writ of mandamus or any other appropriated writ, order or direction directing the 1st respondent to release the vehicles of the petitioner KL 10 BJ 3235 Tipper & KL 10 BF 0247 Earth Remover (JCB) to the petitioner forthwith without imposing any condition.
iii. to such other further reliefs which this Hon’ble court may deem fit and proper to allow in the facts and circumstances of the case urged at the petitioner at the time of hearing."(SIC)
2. Petitioner is the registered owner of an Earth Remover (JCB) with registration No.KL 10 BF 0247 and a hydraulic tipper bearing registration No.KL 10 BJ 3235. It is alleged that the vehicles were seized as per Ext.P
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